On 07/17/2015 11:32 AM, David Conrad wrote:
> 
> No. .LOCAL was not already in the root zone. .FOO is.
> 
*** Therefore the .FOO label is not available for Special-Use anymore,
end of story. A Special-Use name cannot be an already registered name in
the root zone.

If you referring to e.g., .corp that has proposals both for Special-Use
and normal ICANN assignation, this is a distinct issue, as the label is
not yet in the root zone, and there are good reasons why it would be a
bad idea to put it there (already existing name conflicts) but not
compelling (if the .corp registrar is ready to deal with the extra load,
or if capturing all the "leaked" requests from random devices around the
world is not deemed to pose a security issue...).  This is an entirely
different matter.

Now if there's a prior request for Special-Use and an ICANN registration
appears after the fact, that would be a problem: if someone would ask to
register .onion or .gnu today, we'd run into the problem you're suggesti
ng.

==
hk

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